Search for: "Debtors and Debtors in Possession"
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5 Aug 2019, 7:41 pm
” Specifically for purposes of pawned property, your bankruptcy filing stops: (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; . . . (5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; (6) any act to collect, assess, or recover a claim against… [read post]
14 Jul 2019, 12:54 pm
In general terms, the actio pauliana is a remedy that allows a creditor to have an act declared ineffective, because said act was carried out by a debtor with the purpose of diminishing its assets by passing them on to a third party (see Opinion of AG Bobek, C-337/17 Feniks, [35]). [read post]
12 Jul 2019, 9:40 am
Furthermore, filing Chapter 13 Bankruptcy currently allows you regain possession of your vehicle that has been repossessed by the creditor. [read post]
21 Jun 2019, 9:32 am
The Court rejected the City's arguments in favor of repealing Thompson or recognizing a stay/turnover exception for the City to maintain its possessory lien on impounded cars by keeping, well, possession. [read post]
18 Jun 2019, 9:30 am
In short, Section 1692g(b) mandates a debt collector to cease all collection efforts and verify the debt it is attempting to collect if a debtor challenges/disputes the debt. [read post]
12 Jun 2019, 7:43 am
Just because you are unable to pay your creditors doesn’t mean you should be penalized by having all of your possessions being taken away from you. [read post]
10 Jun 2019, 4:37 am
Not only has California decarcerated more significantly than Texas (with the help of federal litigation, to be sure), but since 2014, Oklahoma, Utah, Alaska, Connecticut and Colorado have all reduced user-level drug possession to a misdemeanor. [read post]
7 Jun 2019, 9:48 am
On August 14, 2016, the Franklin County Grand Jury indicted Allen with seven counts of forgery and seven counts of possession of criminal tools. [read post]
3 Jun 2019, 3:27 am
A debtor in a Chapter 11 proceeding is generally a “debtor in possession”; i.e., it remains in possession of the assets and has many of the rights and duties of a trustee. 11 U.S.C. [read post]
31 May 2019, 10:00 pm
The more knowledge you possess, the better you’ll be able to put yourself on solid financial ground. [read post]
28 May 2019, 3:09 pm
You will regain possession of the vehicle and sell it to recuperate the money owed on the loan. [read post]
21 May 2019, 8:03 am
” Preserving those rights is also consistent with the bankruptcy principle that the bankruptcy estate cannot possess more than the debtor did outside of bankruptcy. [read post]
21 May 2019, 7:15 am
” For her, that outcome “reflects a general bankruptcy rule: The estate cannot possess anything more than the debtor itself did outside bankruptcy. [read post]
20 May 2019, 9:15 am
Entering into property-like language, the court explains the holding as based upon “the general bankruptcy rule that the estate cannot possess anything more than the debtor did outside bankruptcy. [read post]
17 May 2019, 10:23 am
Court of Appeals for the Fifth Circuit recently affirmed the trial court’s award of summary judgment in favor of a bank that provided debtor-in-possession financing, holding that the locale of… Hector E. [read post]
16 May 2019, 12:25 pm
In Belz v Mernick Estate, a judgment creditor sought to obtain information concerning the assets of an estate under which the debtor was a residuary beneficiary and a determination of the debtor’s entitlement by way of an Order Giving Directions under rule 75.06 and for an Order for Assistance under rule 74.15(1)(d), requiring for the estate trustees to file with the Court a statement of assets. [read post]
16 May 2019, 7:55 am
One of the most basic features of bankruptcy law is that the filing of a bankruptcy petition operates as an automatic stay of most actions against the debtor and against the property of the debtor’s estate. [read post]
16 May 2019, 1:00 am
Debtors who possess this information will be able to cope with the debt collection process much more easily. [read post]
15 May 2019, 7:28 pm
This is an important issue, because failure to include an adequate description of collateral in a financing statement can leave a creditor’s security interest unperfected, making it vulnerable to the claims of subsequent secured parties who file complying financing statements and to avoidance by a trustee or debtor in possession if the debtor goes into bankruptcy. [read post]
14 May 2019, 8:36 am
Subject to court approval, and in conjunction with the filing, Cloud Peak Energy has received a commitment for approximately $35 million in debtor-in-possession (“DIP”) financing from certain of the Company’s prepetition secured noteholders. [read post]
